Texas governor says consent not necessary, vetoes search bill

| Tuesday, June 21, 2005

A bill that would
have changed the requirements of legal consent for police searches of vehicles in
Texas has been vetoed by the governor.

On June 17, Gov.
Rick Perry vetoed SB1195, which would have required officers to have either
probable cause or obtain written or recorded oral consent, before they could
search a vehicle. The bill was passed in the state House on May 25, and cleared
the Senate in April.

Currently, the
criminal procedure code in Texas only states that people should not be
subjected to unreasonable searches.

According to The
Victoria Advocate, the bill, which was introduced by Juan “Chuy” Hinojosa,
D-McAllen, was not expected to but did pass in the legislature, only to be
struck down by the governor’s veto power.

In a veto statement,
Perry said he believes the state’s constitution and case law already provide
sufficient protection from unreasonable searches.

“There is
insufficient information now to determine whether signed or taped consent
requirements place too onerous a burden on law enforcement or provide
additional protections to the public,” Perry said in his veto statement.